California University of Management and Sciences International Correction Systems Discussion Be sure to check both grammar and spelling as mistakes will re

California University of Management and Sciences International Correction Systems Discussion Be sure to check both grammar and spelling as mistakes will result in a loss of points. Be sure to cite your sources.PART 1) Did not get a DL question submitted so you get one of mine (cue evil laughter sound effect) – So this is kind of a follow on to the last discussion. The study of international corrections allows us to directly compare the penal systems of foreign nations with our own (we put more people in jail in the US per capita than any other country by the way). With all the issues the US criminal justice system is facing such as mass incarceration, high levels of recidivism, poor prison conditions, and all with an less than optimum crime rate to show for it, why do you think that policy makers haven’t tried to implement systems which seem to be working for foreign nations? What nation’s penal system, if any do you think would be a realistic alternative to our current system and why? PART 2) When you finish the first part, I will upload the second part, just like the tasks you did for me before Sixth Edition
Comparative Criminal
Justice Systems
A Topical Approach
Philip L. Reichel
University of Northern Colorado
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Library of Congress Cataloging-in-Publication Data
Reichel, Philip L.
Comparative criminal justice systems: a topical approach / Philip L. Reichel.—6th ed.
  p. cm.
ISBN-13: 978-0-13-245752-1 (alk. paper)
ISBN-10: 0-13-245752-0 (alk. paper)
1. Criminal justice, Administration of—Cross-cultural studies. 2. Criminal justice, Administration
of—Japan. I. Title.
HV7419.R45 2013
364—dc23
2012008778
10 9 8 7 6 5 4 3 2 1
ISBN 10:
0-13-245752-0
ISBN 13: 978-0-13-245752-1
To Eva, Scott, Matt, and Tammy
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Contents
Preface xi
Acknowledgments
xvii
Chapter 1 An International Perspective
1
Learning Objectives 1
Countries in Focus 1
Why Study the Legal System of Other Countries? 3
Provincial Benefits of an International Perspective 3
Universal Benefits of an International Perspective 5
Approaches to an International Perspective 11
Historical Approach 12
Political Approach 13
Descriptive Approach 14
Strategies Under the Descriptive Approach 15
The Functions/Procedures Strategy 15
The Institutions/Actors Strategy 17
Comparison Through Classification 17
The Need for Classification 17
Classification Strategies 18
The Role of Classification in this Book 19
The Structure of this Book 20
Summary
21
•
Discussion Questions 22 •
Notes
22
Chapter 2 Domestic Crime, Transnational Crime,
and Justice 24
Learning Objectives 24
Countries in Focus 24
Comparative Criminology and Criminal Justice 25
Comparative Criminology Looks at Crime as a Social
Phenomenon 25
Comparative Criminology Looks at Crime as Social Behavior 32
Transnational Crime 33
Transnational Crime Types 34
Response to Transnational Crime 45
National Efforts: The United States of America 45
International Efforts 48
Summary
51
•
Discussion Questions 51 •
Notes
51
v
vi
Contents
Chapter 3 An American Perspective on Criminal Law
55
Learning Objectives 55
Countries in Focus 55
Essential Ingredients of Justice Systems 56
Substantive Criminal Law 57
Procedural Criminal Law 64
Liberty, Safety, and Fighting Terrorism 70
The USA PATRIOT Act—Substantive and Procedural
Law Issues 70
Is America’s Reaction That Different? 72
Summary
75
•
Discussion Questions 76 •
Chapter 4 Legal Traditions
Notes
76
79
Learning Objectives 79
Countries in Focus 79
Legal Systems and Legal Traditions 80
Today’s Four Legal Traditions 82
Common Legal Tradition 84
Civil Legal Tradition 88
Islamic (Religious/Philosophical) Legal Tradition 91
Eastern Asia (Hybrid) Legal Tradition 98
Comparison of the Legal Traditions 101
Cultural Component 102
Substantive Component 106
Procedural Component 107
Summary
111 •
Discussion Questions 111 •
Chapter 5 Substantive Law and Procedural Law
In the Four Legal Traditions 114
Learning Objectives 114
Countries in Focus 114
Substantive Criminal Law 115
General Characteristics and Major Principles 115
Substantive Law in the Common Legal
Tradition 118
Substantive Law in the Civil Legal Tradition 120
Substantive Law in the Islamic Legal
Tradition 122
Substantive Law in the Eastern Asia Legal
Tradition 125
Notes
111
Contents
Procedural Criminal Law 127
Adjudicatory Processes 129
Judicial Review 139
Summary
145
•
Discussion Questions 146 •
Notes
146
Chapter 6 An International Perspective On Policing 150
Learning Objectives 150
Countries in Focus 150
Classification Of Police Structures 151
Centralized Single Systems: Ghana 153
Decentralized Single Systems: Japan 155
Centralized Multiple Coordinated Systems: France 159
Decentralized Multiple Coordinated Systems: Germany 164
Centralized Multiple Uncoordinated Systems: Spain 167
Decentralized Multiple Uncoordinated Systems: Mexico 169
Policing Issues: Police Misconduct 174
Policing Issues: Global Cooperation 175
International Criminal Police Organization (ICPO)—Interpol 175
Europol 177
Examples of Harmonization and Approximation
in the European Union 178
Summary
180
•
Discussion Questions 180 •
Notes
Chapter 7 An International Perspective On Courts
Learning Objectives 184
Countries in Focus 184
Professional Actors in the Judiciary 186
Variation in Legal Training 186
Variation in Prosecution 188
Variation in Defense 192
The Adjudicators 195
Presumption of Innocence 197
Professional Judges 197
Lay Judges and Jurors 199
Examples along the Adjudication Continuum 201
Variation in Court Organization 207
France 208
England and Wales 212
Nigeria 215
181
184
vii
viii
Contents
China 217
Saudi Arabia 220
Summary
222 •
Discussion Questions 222 •
Notes
223
Notes
263
Chapter 8 An International Perspective
On Corrections 227
Learning Objectives 227
Countries in Focus 227
Comparative Penology 228
Typologies for Comparative Penology 228
Punishment 231
Justifications for Punishment 231
International Standards for Corrections 232
Financial Penalties 233
Fines 233
Compensation to Victims and
Community 235
Corporal and Capital Punishment 237
International Standards 237
Corporal Punishment 238
Capital Punishment 239
Noncustodial Sanctions 246
International Standards 246
Community Corrections 246
Probation 247
Custodial Sanctions 250
International Standards 250
Prison Populations 251
Prison Systems 253
Women in Prison 258
Minorities in Prison 261
Summary
263 •
Discussion Questions 263 •
Chapter 9 An International Perspective On Juvenile
Justice 269
Learning Objectives 269
Countries in Focus 269
Delinquency as a Worldwide Problem 270
Setting International Standards 272
Contents
Determining who are Juveniles 273
Determining the Process 275
Models of Juvenile Justice 275
The Welfare Model of New Zealand 276
Italy: More Welfare than Justice Model 279
China: More Justice than Welfare Model 281
The Justice Model of England and Wales 284
Summary
289
•
Discussion Questions 290 •
Notes
290
Notes
324
Chapter 10 Japan: Examples of Effectiveness
and Borrowing 293
Learning Objectives 293
Countries in Focus 293
Why Study Japan? 294
Japan’s Effective Criminal Justice System 294
Borrowing in a Cross-Cultural Context 295
Japanese Cultural Patterns 297
Homogeneity 297
Contextualism and Harmony 298
Collectivism 299
Hierarchies and Order 299
Criminal Law 301
Law by Bureaucratic Informalism 301
Policing 302
Why Are the Japanese Police Effective? 303
Judiciary 306
Pretrial Activities 308
Court Structure and Trial Options 314
Judgments 318
Corrections 318
Community Corrections 319
Prison Sentences 320
Coming Full Circle 321
What Might Work 321
Summary
Appendix A
World Maps
Appendix B
Helpful Web Sites
Index
336
323
327
335
•
Discussion Questions 324 •
ix
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Preface
Much has changed in the area of comparative criminal justice since this book’s first e­ dition.
Those 20 years have seen increased attention to such transnational crimes as terrorism, human
­trafficking, and maritime piracy, and to the important international crime of genocide. Law
enforcement agencies cooperate cross-nationally to prevent, investigate, and combat those
crimes, and supranational organizations such as the United Nations, Interpol, and Europol serve
as conduits allowing global sharing of information.
Concurrent with the increased interest of practitioners has been the attention paid to comparative criminal justice by scholars and researchers. The increasing number of professional j­ ournals,
books, articles, and conference themes with a comparative justice focus is an obvious indicator; but
so too are comments suggesting that developments in the justice system of any single country c­ annot
be fully explored without acknowledging the impact of international and global forces.1
Possibly the clearest acknowledgment that comparative justice is an accepted subdiscipline
arrives when policy makers, politicians, and practitioners recognize and announce that one’s own
country can learn from the experiences of other countries. We may be on our way to reaching that point as indicated by the Justice Policy Institute’s publication titled Finding Direction:
Expanding Criminal Justice Options by Considering Policies of Other Nations. There is much to be
gleaned, the Institute declared, from the criminal justice policies and practices in other democratic nations. Believing that similarities among nations—democratic principles, for example—
make policy opportunities possible, the publication compares the criminal justice policies of
Australia, Canada, England and Wales, Finland, and Germany to those of the United States.2
Several of the criminal justice practices reviewed in this textbook are among those highlighted in
the Justice Policy Institute’s publication.
These changes are, of course, to everyone’s benefit. Current students of criminology and
criminal justice have a much better understanding of comparative and international issues than
have students of earlier generations. That knowledge is useful when those students become
­practitioners and increasingly must interact with justice system agents in other countries. In
addition, the increased knowledge of different ways that justice is conceived and achieved gives
practitioners and policy makers ideas for improving their own system.
It is hoped that the interest in and perceived importance of an international perspective
are irreversible. This book is designed to encourage continuation of that interest and to provide
a knowledge base about justice in countries around the world.
Organization of The Book
The text is organized in 10 chapters that reflect the material and order of presentation typically
found in introductory books on the American system of criminal justice. That is, arrangement
proceeds from concern with criminal law through examination of police, courts, and corrections.
1
John Muncie and Barry Goldson, “States of Transition: Convergence and Diversity in International Youth Justice,”
in Comparative Youth Justice: Critical Issues, ed. John Muncie and Barry Goldson (Thousand Oaks, CA: Sage
Publications, 2006).
2
Amanda Petteruti and Jason Fenster, Finding Direction: Expanding Criminal Justice Options by Considering Policies of
Other Nations (Washington, DC: Justice Policy Institute, 2011), http://www.justicepolicy.org/research/2322.
xi
xii
Preface
This organization distinguishes the text from other comparative criminal justice books that
­present detailed information on only a few specific countries. The result means that this text
contains less detail on the criminal justice system of particular countries, but it provides greater
appreciation and understanding of the diversity in legal systems around the world.
A benefit of using the same countries for each chapter would be a sense of consistency
and depth in the text. However, not every country offers the same level of contrast in all aspects
of its criminal justice system. For example, describing German and French policing results in
­interesting and specific contrasts. If the same countries are used to contrast the trial p
­ rocedure,
their similarity makes us less aware of the variation occurring in that process when other
­countries are considered.
Fortunately, there is an alternate means for presenting information on law, police, courts,
corrections, and juvenile justice. The organization used in this text follows the belief that comparison relies on categorization. That is, to best understand and explain similarities and differences
among things, one must start by categorizing them. Chapter 1 provides the rationale for studying
other systems of justice and sets down the specific approach used in this text. Chapter 2 explains
and distinguishes comparative criminology and comparative criminal justice and then shows
crime as a world problem by reviewing types of transnational crime. In doing so, it sets the stage
for consideration of the different ways justice systems are organized in attempts to respond to the
crime problem. Chapter 3 presents traditional material on American criminal law so the reader
has a familiar and common base to use in the following chapters and concludes with a review
of how the war on terrorism affects both substantive and procedural law. Chapter 4 presents
four contemporary legal traditions and outlines the basic features of each. Chapter 5 continues
­material in Chapters 3 and 4 by looking at substantive and procedural criminal law in each of the
four legal traditions.
The next four chapters cover the topics of policing (Chapter 6), the judiciary (Chapter 7),
corrections (Chapter 8), and juvenile justice (Chapter 9). Countries representing Africa, Asia,
Europe, Middle East, North America, Latin America, and Oceania are included in the coverage.
Some make frequent appearances (e.g., Australia, China, France, Mexico, Saudi Arabia); others
are less recurrent (e.g., Canada, Denmark, New Zealand). The text concludes with a concentrated
look at the criminal justice system of Japan. This country was chosen for special consideration
because it has a history of borrowing from other countries (a point encouraged by comparative
studies) and has what many consider to be a very effective criminal justice system. Also, ending
the text with an in-depth look at a particular country provides an opportunity to tie together
some of the topics and items presented in earlier chapters.
Pedagogical Features
This edition is being published with a new slimmer, sleeker design that reduces length w
­ ithout
the loss of content. Actually, coverage has been enhanced for some topics. There are also ­several
new pedagogical features in this edition and ones popular from earlier editions are continued. Among the new features are an increased use of photographs and graphics to add a visual
­learning experience and to provide greater readability. Another change is more descriptive than
substantive as reference is made at each chapter’s start to “countries in focus” rather than the old
­identifier of “countries with more than passing reference.” The goal remains that of orienting
students about the regions and nations they will encounter during their reading, but the new title
makes clearer that these countries receive particular attention in the chapter. Other pedagogical
features deserve more specific description.
Preface
Learning Objectives: Each chapter begins with specific learning objectives that identify
the knowledge and skills students should have after reading the chapter. These objectives
are presented in the phrasing of Bloom’s taxonomy, which is increasingly used to assist in
the assessment of student achievement.
Impact Sections: This feature, which has proven very popular with students and professors,
continues in this edition. Each chapter of the text includes an “Impact” section in which
topics mentioned in that chapter receive greater attention and questions raised by chapter
material are addressed. These sections should encourage mental gymnastics, suggesting
things such as links between countries, ideas for improving systems, and ways to encourage
more global understanding. Examples include how availability of guns may affect a country’s crime rate (Chapter 2) and how soccer and American football can explain differences
between common law and civil law (Chapter 5).
In the News: Also continuing in this edition are “In the News” boxes that highlight current
topics relevant to chapter material. Examples include public opinion regarding the tension
between individual rights and public safety (Chapter 3), a plea bargaining system in France
(Chapter 5), police reform in Mexico (Chapter 6), and the new role for citizens in Japan’s
trials (Chapter 10).
You Should Know: Another popular feature from previous editions is the “You Should
Know” boxes. At least one such box appears in every chapter, and each one provides
­students helpful background information relevant to chapter topics. Examples include
explanations of the European Union (Chapter 1) and the role of the accused under different
legal systems (Chapter 5).
Web Projects: The “Web Projects” feature has quickly become one of the most popular items
in the book. Feedback on these features from students and professors has been extremely
positive. These projects can be used as assignments by instructors or simply as interesting
sites for students to visit. For example, students are encouraged to learn more about foreign
terrorist organizations (Chapter 2), the roles and responsibilities of lay judges in Finland
(Chapter 7), and the myths and facts related to the death penalty (Chapter 8).
Discussion Questions: One of the most frequently requested additions to the book was
a call for discussion questions at each chapter’s end. Instructors, especially ones t­ eaching the
course online, noted how discussion questions encourage class participation and provide a
way to gauge student understanding of chapter material. They also make good assignments
for the online students. I have tried to develop them as true items for discussion rather than
as essay questions that may be more appropriate for an exam. Suggested essay questions are
provided in the Instructor’s Manual and Test Bank.
General Web Sites: New to this edition is an Appendix with an annotated list of Web sites
that can be helpful to students seeking information for group projects, classroom presentations, and research papers.
Key Changes In The Sixth Edition
Subsequent editions of criminal justice textbooks are often necessary to update statistics, changes
in law, modifications in procedures, and to include, increase, or decrease information about
­particular topics. All those reasons are relevant to the sixth edition of this book. Actually, a
­revision to a book that covers justice systems around the world is especially necessary because
xiii
xiv
Preface
of the changes constantly occurring on one continent or another. There have actually been quite
significant changes on the world scene since the fifth edition. Important new laws and legislation
are having significant impact on the administration of justice in several countries and appropriate
sections of the chapters have been modified in this edition to account for those changes.
Pedagogical improve…
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